Direct Losses. Any claim by an Indemnitee on account of an Indemnifiable Loss which does not result from a Third Party Claim (a “Direct Loss”) will be asserted by giving the Indemnifying Party prompt written notice thereof, stating the nature of such Loss in reasonable detail and indicating the estimated amount, if practicable. The Indemnifying Party will have a period of 20 Business Days within which to respond to such claim of a Direct Loss. If the Indemnifying Party rejects such claim, or does not respond within such period, the Indemnitee may seek enforcement of its rights to indemnification under this Agreement. Any failure by the Indemnifying Party to respond under this Section 9.3(d) will not constitute an admission by the Indemnifying Party with respect to the claim asserted.
Direct Losses. 29.1.1 The Parties' liability to each other in respect of any claim that arises pursuant to this Agreement, whether under delict or contract, shall be as detailed in this Agreement, and no Party shall have any additional liability to the other Party in respect of such claim.
29.1.2 Notwithstanding anything contained to the contrary in this Agreement, neither Party shall be liable to the other Party for any Special Loss suffered by such other Party as a result of any act or omission by the first Party.
29.1.3 Save as expressly provided elsewhere in this Agreement, neither Party shall be liable to the other Party for any losses, liabilities, expenses, damages, costs and Claims suffered or claimed which arise out of, under or in connection with any alleged breach of any statutory duty or delictual act or omission or otherwise.
Direct Losses. Any claim by an Indemnitee on account of an indemnifiable Loss that does not result from a Third Party Claim (a “Direct Loss”) will be asserted by giving the Indemnifying Party prompt written notice thereof, (i) describing the nature, facts and circumstances of such indemnifiable Loss in reasonable detail, (ii) stating the amount of the indemnifiable Loss that has been or may be sustained by the Indemnitee, if practicable, (iii) stating the method and computation thereof and (iv) containing specific reference to the provision or provisions of this Agreement in respect of which such right of indemnification is claimed or arises. The Indemnitee shall provide the Indemnifying Party with such other information with respect to the Direct Loss as the Indemnifying Party may reasonably request and shall cooperate with the Indemnifying Party and its counsel, including permitting reasonable access to books, records and personnel, in connection with determining the validity of any claim for indemnification by the Indemnitee and in otherwise resolving such matters. The Indemnifying Party will have a period of 30 Business Days within which to respond to such claim of a Direct Loss. If the Indemnifying Party rejects such claim, or does not respond within such period, the Indemnitee may seek enforcement of its rights to indemnification under this Agreement.
Direct Losses. Any claim by an Indemnitee on account of an Indemnifiable Loss that does not result from a Third Party Claim (a “Direct Loss”) will be asserted by giving the Indemnifying Party prompt written notice thereof, stating the nature of such Loss in reasonable detail and indicating the estimated amount, if practicable. The Indemnitee shall provide the Indemnifying Party with such other information with respect to the Direct Loss as the Indemnifying Party may reasonably request and shall cooperate with the Indemnifying Party and its counsel, including permitting reasonable access to books, records, and personnel, in connection with determining the validity of any claim for indemnity by the Indemnitee and in otherwise resolving such matters. The Indemnifying Party will have a period of twenty (20) Business Days within which to respond to such claim of a Direct Loss. If the Indemnifying Party rejects such claim, or does not respond within such period, the Indemnitee may seek enforcement of its rights to indemnification under this Agreement.
Direct Losses. Unless otherwise specified in the applicable Service Schedule, the liability of each Party to the other for all damages, losses, costs or expenses arising out of, in connection with or related to the Service Order, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equal to the aggregate value of the monthly recurring charges payable to ALLO (excluding any third party recurring charges) for a 12 month period. This limit does not apply to any Charges owed by the Customer to ALLO, recovery of the Balance Charges and/or any third party recurring charges incurred in order to provide the Service.
Direct Losses. 17.1.1 Should any Party have a claim for damages against any other Party in terms of this Agreement, such damages shall be limited to payment of proven Direct Losses only.
Direct Losses. If Indemnitee incurs direct Losses, other than as a result of a third party claim, Indemnitee shall provide the Indemnifying Party written notice of such direct Losses within the time limits of the indemnity set forth in Section 10.1 hereof. The notice shall describe the claim in reasonable detail, including the amount of such Losses (estimated if appropriate) that have been or may be sustained by the Indemnitee. The failure to provide such notice shall not affect the Indemnifying Party’s obligations hereunder, unless such party is materially prejudiced as a result thereof. Within ten (10) days of receipt of the notice, the Indemnifying Party shall pay the amount of such Losses to Indemnitee, otherwise Indemnitee may proceed to seek to collect these amounts either pursuant to Section 10.7 hereof or through legal action in accordance with Article II of this Agreement.
Direct Losses. The Parties' liability to each other in respect of any claim that arises pursuant to this Agreement, whether under contract or any other legal theory, shall be solely as explicitly set out in this Agreement. Except as otherwise provided in this Agreement, neither Party shall be liable to the other Party for any Special Loss suffered by such other Party in connection with this Agreement. Except as otherwise provided in this Agreement, neither Party shall be liable to the other Party for any losses, liabilities, expenses, damages (including punitive damages), costs and claims (including claims) suffered or claimed which arise out of, under or in connection with any alleged breach of any statutory duty or delictual act or omission or otherwise.
Direct Losses. Direct Losses will be recoverable under these terms. However, save as otherwise stated in these terms, neither party will be liable for any Indirect or Consequential Losses.
Direct Losses. Save where prohibited by Applicable Laws and due to the negligence, wilful default or misconduct of a Party and/or unless otherwise specified in the applicable Service Schedule, the liability of each Party to the other Party for all damages, losses, costs or expenses arising out of, in connection with or related to the Service Order, regardless of the legal principle that imposes such liability, whether in contract, equity, intended conduct, tort or otherwise, will be limited to and will not exceed, (in the aggregate for all claims, actions and causes of action of every kind and nature), an amount equal to the aggregate value of the monthly recurring charges payable to AIMS (excluding any third party recurring charges) for a twelve (12) months period. This limit does not apply to any Charges owed by the Customer to AIMS (including Termination Charges or Cancellation Costs), recovery of the Balance Charges and/or any third party recurring charges incurred in order to provide the Service.
